The October launch of Double Fine and Electronic Arts' heavy metal themed action adventure was threatened by a lawsuit from Activision earlier this June. The publisher claimed it still held rights to Brutal Legend, thanks to a $15 million USD investment, after Double Fine decided to take the project over the EA instead. Double Fine would countersue earlier this month, claiming it was Activision who was guilty of breaching contract and is now in the process of thinning out competition to their Guitar Hero franchise.
Los Angeles Superior Court Judge Craig Karlan has delayed arguments and a formal ruling in the court battle between Activision and Double Fine over the release of Brutal Legend; Karlan was forced to reschedule until August 6th due to a full court calender. More importantly, Karlan doesn't see any pressing need to block Brutal Legend's release on behalf of Activision, simply because he doesn't think the publisher has a very solid case.
Though the case has not been thrown out due to the delay in proceedings, Karlan expressed doubt to Activision's attorneys over their success in delaying Brutal Legend's release. To be sure, Karlan believes the battle could end in a "close call" for either side.